JOFOC FAR Part 6 Microsoft FMC-OIT-23-0026 sigs redacted.pdf

Justification for Other Than Full and Open Competition

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity—

The Federal Maritime Commission, Office of Information Technology (OIT), proposes to enter into a contract on a basis other than full and open competition.

(2) Nature and/or description of the action being approved.

OIT has a requirement on a sole source basis to acquire software support for the Commission’s Microsoft-based IT infrastructure at a cost of $799,800 for one year of support. The proposed contractor is Microsoft, Corp., 12012 Sunset Hill Rd., Reston, VA 20190, 336-423-4720.

(3) Description of Supplies/Services

The requirement is to acquire software support services for the Commission’s Microsoft-based IT infrastructure, using the Microsoft Unified Support model. Microsoft Support Services are comprised of a comprehensive support solution that helps reduce costs, enhance productivity, and use technology throughout the IT lifecycle. They offer direct, expedient and unique access to Microsoft product development teams, software developers and source code for current and future products enabling (a) specialized insight into the architecture of current solutions that can facilitate smooth migrations to existing and future unreleased products/versions; (b) quick and comprehensive resolution of product support, trouble-shooting and hot-fix type issues; and (c) immediate and focused technology feedback link between our customers and the Microsoft product development teams to help shape the direction, features and functionality of future products.

Furthermore, as part of Microsoft’s unique Support Services offer, the following services are available:

Reactive support helps resolve issues in the Microsoft environment and include prioritized problem resolution services to provide rapid response to minimize downtime. As part of reactive support services, Microsoft offers:

Problem Resolution Support provides assistance for problems with specific symptoms encountered while using Microsoft products, where there is a reasonable expectation that the problem is caused by Microsoft products Problem Resolution Support and request for support may be submitted via telephone or electronically through an online support website portal.

Advisory Support: Phone-based support on short-term (limited to six hours or less) and unplanned issues for IT Professionals. Advisory Services may include advice, guidance, and knowledge transfer intended to help deploy and implement Microsoft technologies in ways that avoid common support issues and that can decrease the likelihood of system outages.

Support Assistance provides short-term advice and guidance for problems not covered with Problem Resolution Service as well as requests for consultative assistance for design, Microsoft JOFOC 1 development and deployment issues; including infrastructure support, supportability reviews, application development and access to lab facility to assist with product development, testing, and migration activities.

Service Delivery Management (Support Account Management) activities help to build and maintain relationships with management and service delivery staff as well as to oversee escalation management and managing the elements of support offering to meet business requirements. These actions are managed by a Microsoft Technical Account Manager (TAM), coordinated by resources from a pooled set of resources, or provided digitally through access to an online services portal website portal.

Proactive services which help maintain and improve the health of IT infrastructure and operations. As part of proactive support, Microsoft offers individual proactive services, available and categorized as maintenance, optimization or education services.

Maintenance services help prevent issues in the Microsoft environment and are typically scheduled in advance of the service delivery to help ensure resource availability.

Optimization services focus on the goals of optimal utilization of the customer’s technology investment. These services may include remote administration of cloud services, optimizing the adoption of Microsoft product capabilities by end users and ensuring a robust security and identity posture.

Education services provide specialized training that help to enhance the support staff’s technical and operational skills through either onsite, online or on-demand instruction. These include specialized workshops, which help prevent problems, increase system availability and assist with creating products and solutions based on Microsoft technologies, and specialized training, which includes how customers can best plan for, deploy, manage, and maximize productivity of existing and future Microsoft products. These sessions are available at the FMC facility or at Microsoft and can include deep technical development presentations with hands-on labs to facilitate your implementation of Microsoft technologies.

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements.”

(5) Demonstration That Proposed Contractor’s Unique Qualifications Require Use of the Authority Cited

Specialized training of Microsoft personnel is provided from Microsoft product development teams on how enterprise customers can best plan for, deploy, manage, and maximize productivity of existing and future Microsoft products. The support services described above are performed only by Microsoft Corporation or its affiliates (including full time employees and outsourced service providers delivering support as directed by Microsoft).

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable

A Notice of Intent to Sole Source will be posted on Sam.gov pursuant to FAR Subpart 5.201(b)(1).. The Contracting Officer will use historical data to determine that the anticipated cost is fair and reasonable.

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Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable

The Contracting Officer use historical data to determine that the anticipated cost is fair and reasonable.

Description of Market Research

The market research showed that only Microsoft personnel were able to provide the support services required. These personnel have specialized training on Microsoft products that is not available elsewhere.

Any Other Facts Supporting the Use of Other Than Full and Open Competition

None

A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition None

A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required None

(12) Contracting Officer’s Certification: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

(13) Technical/Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate

Technical Representative/COR

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MICHELLE CALHOUN Digitally signed by MICHELLE CALHOUN Date: 2023.09.29 16:17:14 -04'00'

Approvals:

Over $250,000 (CO-112) Date Component Competition Advocate

Over $250,000 (CO-112) Head of Contracting Activity

Over $500,000 (CO-112) Senior Procurement Executive

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